Prime membership

Opodo travel booking: rip-off put a stop to

The simultaneous conclusion of a paid membership of around 75 euros with a travel booking is invalid.(Bild: opodo.at)

Anyone who was offered a paid Prime membership when booking a trip via the Opodo booking platform can now claim their money back. The Supreme Court (OGH) ruled in favor of the Chamber of Labor: The simultaneous conclusion of a paid membership of around 75 euros with a travel booking is invalid.

 

More than one trip booked: When booking a trip, Opodo did not sufficiently inform consumers of the contractual conditions for the Prime subscription, in particular the obligation to pay, immediately before confirming the "Buy now" button.

There was only a note in the small print stating that €74.99 would be automatically debited after the 30-day trial period. This procedure violates the Distance and Off-Premises Selling Act (FAGG). The subscription was therefore never validly concluded. Consumers can now reclaim the membership fee.

The AK also took legal action against eleven clauses and was proved right. Here are the illegal clauses of the booking platform that are relevant in practice:

• Invalid subscription: The booking of a trip was also wrongly considered to be the conclusion of a Prime subscription subject to a fee. The automatic debit of 74.99 euros was wrongly made. Consumers can reclaim the money with a sample letter.

• Invalid subscription renewal: The general terms and conditions of the Prime subscription also stipulated an automatic renewal of this membership if consumers did not cancel in time. However, there are clear conditions for automatic contract renewal: Both in the contract and in fact, consumers must be informed of an imminent renewal of the contract. They must also be able to object to the extension within a reasonable period of time. 

There was only a note in the small print that €74.99 would be automatically debited after the 30-day trial period.(Bild: opodo.de/prime)

• Discontinuation of the price advantage in the event of trip cancellation: If the consumer canceled the trip, a clause stated that the Prime price advantage would no longer apply. This meant that consumers had to pay the difference to the normal price to the booking platform. The court ruled: Consumers do not have to pay the normal price. The price advantage is not granted in return for the travel booking, but for the paid subscription. Consumers can reclaim fees that have already been paid.

• Expiry of the membership fee upon termination: If consumers terminated their Prime membership prematurely, a clause stated that the membership fee already paid in advance was forfeited for the entire period. Opodo was unable to provide evidence of any corresponding administrative expenses, which means that the clause contradicts the law. Consumers can reclaim pro rata membership fees in the event of termination.